Opinion 1355

The Committee reviewed your inquiry concerning the propriety of a lawyer signing a hold harmless agreement on behalf of a client with an insurance company, which provided that the lawyer would pay from client funds unpaid medical bills of the client. The Committee also reviewed the Wisconsin ethics opinion which you provided with your inquiry. Finally, the Committee reviewed Washington formal ethics opinion #185, a copy of which is enclosed. Based upon that opinion, the Committee was of the opinion that a lawyer may enter into such an agreement with an insurance company provided that the client consented to such an agreement after disclosure. Further, in light of the fact such an agreement could create conflicts of interest between the lawyer and the client, the Committee was of the opinion that the conflict rules, including RPC 1.8(c), must be complied with. Finally, the Committee was of the opinion that once the lawyer had entered into such an agreement, the lawyer is bound by it.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.